The Year Ahead 2025:
Safe Work Initiatives

Comment period for OSHA’s proposed rule issued in August addressing heat injury and illness prevention ended 12.28.24:

• Heat trigger requires additional heat safety measures when the heat index reaches 90°F. 
• Mandatory paid rest breaks of at least 15 minutes every two hours in cool areas.
• Employers must actively monitor employees for signs of heat stress.

This rule will likely be dramatically curtailed or discarded entirely under the Trump Administration, but employers should be mindful of state-level safety regulations such as Cal/OSHA’s recent indoor heat safety regulations.

A case involving the death of a poultry plant worker caught in an eviscerator machine (Mar-Jac Poultry MS LLC v. Su, 5th Cir., No. 24-60026) is an opportunity for the courts to clarify the compliance standard for how machines should be guarded:

• A “specification standard” that specifically articulates safety requirements?
• Or a “performance standard” that does not specify how a company should comply, which provides the employer with some discretion on how to comply?

Oral arguments were held on 10.08.24.

• Effective 05.31.24, the rule allows third parties, including union officials, to accompany OSHA compliance, safety and health officers on workplace inspections at an employee’s request.
• Ongoing court challenges that, after Loper Bright, may result in the rule being invalidated or set aside, are likely.

• Effective 07.01.25, the bill grants Cal/OSHA authority to enforce health and safety regulations in private homes that employ domestic workers.
• There are exceptions for publicly funded household domestic service, family daycare homes and privately employed individuals performing ordinary domestic household tasks.

Requires amended standards to be adopted by 03.01.27 for hospitals to use automatic security mechanisms, devices or technology to screen and identify instruments capable of inflicting injury or death.

• Smart technology like wearable sensors, smart helmets, AI monitoring systems.
• Continuing focus on mental health and wellness.
• Home office safety for remote workers.